Regulations, 2021

L.N. 327 of 2021

AUTHORITY FOR TRANSPORT IN MALTA ACT

(CAP. 499)

Port Reception Facilities for the Delivery of Waste from Ships

Regulations, 2021

IN EXERCISE of the powers conferred by article 43(1) and (3)

of the Authority for Transport in Malta Act, the Minister responsible

for Transport, Infrastructure and Capital Projects, in consultation with

the Authority for Transport in Malta, has made the following

regulations:-

(1) The title of these regulations is the Port Reception

commencement.

Facilities for the Delivery of Waste from Ships Regulations, 2021.

These regulations shall come into force on the 28 th of June,

(2)

2021.

REQUIREMENTS FOR WASTE RECEPTION AND

HANDLING PLANS

(as referred to in regulation 6)

1. Waste reception and handling plans shall cover all types of

waste originating from ships normally visiting the port or terminal and

shall be developed according to the size of the port or terminal and the

types of ships calling at that port or terminal.

2. Waste reception and handling plans shall address the

following elements, in detail

(a) an assessment of the need for port reception facilities,

in light of the need of the ships normally visiting the port or

terminal;

(b) a description of the type and capacity of port

reception facilities;

(c) a description of the procedures for the reception and

collection of waste from ships;

(d)

a description of the cost recovery system;

(e) a description of the procedure for reporting alleged

inadequacies of port reception facilities;

(f) a description of the procedure for ongoing

consultations with port or terminal users, authorised waste

management undertakings and contractors, terminal operators

and other interested parties; and

(g) an overview of the type and quantities of waste

received from ships and handled in the facilities.

3. In addition, waste reception and handling plans should

(a) a summary of the relevant national legislation and the

procedure and formalities for the delivery of the waste to port

facilities;

(b) an identification of a point of contact to be

responsible for the implementation of the waste reception and

handling plan;

(c) a description of the pre-treatment equipment and

process for specific waste streams in the port or terminal, if any;

(d) a description of methods for recording the actual use

of the port reception facilities;

(e) a description of methods for recording the amounts

waste delivered from ships received; and

(f) a description of methods for managing the different

waste streams in the port or terminal.

The procedures for reception, collection, storage, treatment

and disposal of waste should conform in all respects to an

environmental management scheme suitable for the progressive

reduction of the environmental impact of these activities. Such

conformity shall be presumed if the procedures are in compliance with

Regulation (EC) No 1221/2009 of the European Parliament and of the

Council of 25 November 2009 on the voluntary participation by

organisations in a Community eco-management and audit scheme

(EMAS), repealing Regulation (EC) No 761/2001 and Commission

Decisions 2001/681/EC and 2006/193/EC.

4. Waste reception and handling plans shall also comply with

the provisions of regulation 6(3).

(1) These regulations bring into effect the provisions of

Directive (EU) 2019/883 of the European Parliament and of the

Council of 17 April 2019 on port reception facilities for the delivery of

waste from ships, amending Directive 2010/65/EU and repealing

Directive 2000/59/EC.

(2) This Directive, as transposed, aims to protect the marine

environment against the negative effects from discharges of waste

from ships using ports located in the Union, while ensuring the smooth

operation of maritime traffic, by improving the availability and use of

adequate port reception facilities and delivery of waste to those

facilities.

STANDARD FORMAT OF THE ADVANCE NOTIFICATION

FORM FOR WASTE DELIVERY TO PORT RECEPTION

FACILITIES

(as referred to in regulation 7)

Notification

of

the

delivery

of

waste

to:_________________________ (enter name of port of call, as

referred to in Article 6 of Directive (EU) 2019/883, as transposed by

the Port Reception Facilities for the Delivery of Waste from Ships

Regulations (S.L. 499.71)

This form should be retained on board the ship along with the

appropriate Oil Record Book, Cargo Record Book, Garbage Record

Book or Garbage Management Plan as required by the MARPOL

Convention.

1. SHIP PARTICULARS

1.1

Name of ship

1.5

Owner or operator

1.2

IMO number

1.6

Distinctive number or letters

MMSI (Maritime

Mobile

Service

Identity) number

1.3

Gross tonnage

1.7

Flag State

1.4

Type of ship

o Oil tanker

o Chemical tanker

o Bulk carrier

o Container ship

o Other cargo ship

o Passenger ship

o Ro-Ro

o Other (specify)

2. PORT AND VOYAGE PARTICULARS

2.6

Last port where waste was

2.1

Location/terminal name

delivered

2.2

Arrival date and time

2.7

Date of last delivery

2.3

Departure date and time

2.8

Next port of delivery

2.4

Last port and country

2.9

Person submitting this form (if

other than the Master)

2.5

Next port and country (if known)

3. TYPE AND AMOUNT OF WASTE AND STORAGE CAPACITY

Estimated

amount of

Maximum

Amount

Port at

Waste to

waste to be

dedicated

of waste

which

be

generated

storage

retained

Type

remaining

delivered

between

capacity

on board

waste will

notification

(m 3 )

(m 3 )

(m 3 )

be delivered

and next port

of call (m 3 )

MARPOL Annex I – OIL

Oily bilge

water

Oily residues

(sludge)

Oily tank

washings

Dirty ballast

water

Scale and

sludge from

tank cleaning

Other (please

specify)

MARPOL Annex II – NOXIOUS LIQUID SUBSTANCES (NLS) (1)

Category X

substance

Category Y

substance

Category Z

substance

OS – other

substances

MARPOL Annex IV – SEWAGE

MARPOL Annex V – GARBAGE

A. Plastics

B. Food waste

C. Domestic

waste (e.g.

paper

products, rags,

glass, metal,

bottles,

crockery, etc.)

D. Cooking

E. Incinerator

ashes

F. Operational

wastes

G. Animal

carcass(es)

H. Fishing

I. E-waste

J. Cargo

residues (2)

(Harmful to

the Marine

Environment

– HME)

K. Cargo

residues (3)

(non-HME)

MARPOL Annex VI – AIR POLLUTION related

Ozone-

depleting

substances

equipment

containing

such

substances (4)

Exhaust gas

cleaning

residues

Other waste, not covered by MARPOL

Passively

fished waste

1. Indicate the proper shipping name of the NLS involved.

2. May be estimates. Indicate the proper shipping name of the dry cargo.

3. May be estimates. Indicate the proper shipping name of the dry cargo.

4. Arising from normal maintenance activities on board.

Notes

1. This information may be used for port State control and

other inspection purposes.

2. This form is to be completed unless the ship is covered by

an exemption in accordance with Article 9 of Directive (EU) 2019/883

as transposed by regulation 10 of the Port Reception Facilities for the

Delivery of Waste from Ships Regulations (S.L. 499.71).

(1)

In these regulations, unless the context otherwise

requires

"the Act" means the Authority for Transport in Malta Act;

"appropriate inspector" shall mean any officer representing the

Authority and appointed in accordance with the provisions of the Act

to carry out inspections in terms of these regulations;

"authorised port reception facility" shall mean a port waste

reception facility that holds a valid permit issued under the Waste

Regulations, made under the Environment Protection Act, and an

authorisation to operate in a port or terminal by the Authority;

"the Authority" means the Authority for Transport in Malta as

established in terms of article 5 of the Act;

"cargo residues" means the remnants of any cargo material on

board which remains on the deck or in holds or tanks following

loading and unloading, including loading and unloading excess or

spillage, whether in wet or dry condition or entrained in wash-water,

but excluding cargo dust remaining on deck after sweeping or dust of

the external surfaces of the ship;

"Directive 2006/66/EC" means Directive 2006/66/EC of the

European Parliament and of the Council of 6 September 2006 on

batteries and accumulators and waste batteries and accumulators and

repealing Directive 91/157/EEC;

"Directive 2008/98/EC" means Directive 2008/98/EC of the

European Parliament and of the Council of 19 November 2008 on

waste;

"Directive 2012/19/EU" means Directive 2012/19/EU of the

European Parliament and of the Council of 4 July 2012 on waste

electrical and electronic equipment (WEEE);

"fishing vessel" means any ship equipped or used commercially

for catching fish or other living resources from the sea;

"frequent port calls" means visits by a ship to the same port

taking place at least once a fortnight;

"GISIS" means the Global Integrated Shipping Information

System set up by the IMO;

"indirect fee" means a fee paid for the provision of port reception

facility services, irrespective of the actual delivery of waste from

ships;

"internal waters" shall have the same meaning as assigned to it in

the Act;

"MARPOL Convention" means the International Convention for

the Prevention of Pollution from Ships, in its up-to-date version;

"passively fished waste" means waste collected in nets during

fishing operations;

"port" means a place or a geographical area made up of such

improvement works and equipment designed principally to permit the

reception of ships, including the anchorage area within the jurisdiction

of the port;

"port reception facility" means any facility which is fixed,

floating or mobile and capable of providing the service of receiving

the waste from ships;

"recreational craft" means a ship of any type, with a hull length

of 2.5 metres or more, regardless of the means of propulsion, intended

for sports or leisure purposes, and not engaged in trade;

"regular port calls" means repeated voyages of the same ship

forming a constant pattern between identified ports or a series of

voyages from and to the same port without intermediate calls;

"Regulation (EC) No 1069/2029" means Regulation (EC) No

1069/2009 of the European Parliament and of the Council of 21

October 2009 laying down health rules as regards animal by-products

and derived products not intended for human consumption and

repealing Regulation (EC) No 1774/2002 (Animal by-products

Regulation);

"Regulation (EU) 2017/352" means Regulation (EU) 2017/352 of

the European Parliament and of the Council of 15 February 2017

establishing a framework for the provision of port services and

common rules on the financial transparency of ports;

"SafeSeaNet" means the Union Maritime Information and

Exchange System established by Directive 2002/59/EC, as transposed

and implemented through the Vessel Traffic Monitoring and Reporting

Requirements Regulations, and through which the electronic

notifications and reporting obligations of these regulations, and on the

basis of regulation 21, shall be made;

"scheduled traffic" means traffic based on a published or planned

list of times of departures and arrivals between identified ports or

recurrent crossings that constitute a recognised schedule;

"ship" means a sea-going vessel of any type whatsoever

operating in the marine environment, including fishing vessels,

recreational craft, hydrofoil boats, air-cushion vehicles, submersibles

and floating craft;

"sufficient storage capacity" means enough capacity to store the

waste on board the ship from the moment of departure until the next

port of call, including the waste that is likely to be generated during

the voyage;

"terminal" means a place where ships are moored, berthed or

docked to obtain services such as handling of cargo or passengers,

repairs, waste removal, bunkering, laid-up and any other services

related to ships and maritime activities, including marinas;

"territorial waters" means the waters described in article 3(1) of the

Territorial Waters and Contiguous Zone Act and includes any waters Cap. 226.

enclosed between the base lines therein mentioned and the coast;

"treatment" means recovery or disposal operations, including

preparation prior to recovery or disposal; and

"waste from ships" means all waste, including cargo residues,

which is generated during the service of a ship or during loading,

unloading and cleaning operations and which falls within the scope of

Annexes I, II, IV, V and VI to the MARPOL Convention, as well as

passively fished waste.

(2) Without prejudice to the above definition of "waste from

ships", such shall be considered to be waste within the meaning of

point 1 of Article 3 of Directive 2008/98/EC.

(3) For the purposes of these regulations, the competent

authority in Malta shall be the Authority for Transport in Malta, and in

respect of any other State the authority designated as such by the

respective Government.

STANDARD FORMAT FOR THE WASTE DELIVERY

RECEIPT

(as referred to in regulation 8)

The designated representative of the authorised port reception

facility provider shall provide the following form to the Master of a

ship that has delivered waste in accordance with Article 7 of Directive

(EU) 2019/883, as transposed by the Port Reception Facilities for the

Delivery of Waste from Ships Regulations (S.L. 499.71)

This form should be retained on board the ship along with the

appropriate Oil Record Book, Cargo Record Book, Garbage Record

Book or Garbage Management Plan as required by the MARPOL

Convention.

1. PORT RECEPTION FACILITY AND PORT PARTICULARS

1.1

Location/terminal name

1.2

Port reception facility provider(s)

1.3

Treatment facility provider(s) – if different from above

1.4

Waste delivery date and time from:to

2. SHIP PARTICULARS

2.1

Name of ship

2.5

Owner or operator

2.2

IMO number

2.6

Distinctive number or letters

MMSI (Maritime

Mobile

Service

Identity number

2.3

Gross tonnage

2.7

Flag State

2.4

Type of ship

o Oil tanker

o Chemical tanker

o Bulk carrier

o Container ship

o Other cargo ship

o Passenger ship

o Ro-Ro

o Other (specify)

3. TYPE AND AMOUNT OF WASTE RECEIVED

Quantity

Quantity

MARPOL Annex I –

MARPOL Annex V –

(m 3 )

OIL

GARBAGE

(m )

Oily bilge water

A. Plastics

Oily residues (sludge)

B. Food waste

C. Domestic waste

(e.g. paper products,

Oily tank washings

rags, glass, metal,

bottles, crockery, etc.)

Dirty ballast water

D. Cooking oil

Scale and sludge from

E. Incinerator ashes

tank cleaning

Other (please specify)

F. Operational waste

G. Animal carcass(es)

H. Fishing gear

I. E-waste

J. Cargo residues (1)

(Harmful to the

Marine Environment

– HME)

K. Cargo residues ( 1 )

(non-HME)

Quantity

MARPOL Annex II –

MARPOL Annex VI

Quantity

(m 3 ) / name

NOXIOUS LIQUID

– AIR POLLUTION

(m 3 )

SUBSTANCES (NLS)

related

(2)

Ozone-depleting

substances and

Category X substance

equipment containing

such substances

Exhaust gas-cleaning

Category Y substance

residues

Category Z substance

OS – other substance

Quantity

Quantity

MARPOL Annex IV –

Other waste, not

(m 3 )

SEWAGE

covered by MARPOL

(m )

Passively fished waste

.

1. Indicate the proper shipping name of the dry cargo.

.

2. Indicate the proper shipping name of the NLS involved.

(1) These regulations shall apply to any port or terminal Applicability.

within a port in Malta normally visited by ships falling within the

scope of sub-regulation (2).

(2) These regulations shall apply to all ships, irrespective of

their flag, calling at, or operating within, any port or terminal in Malta,

with the exception of

(a) ships engaged in port services within the meaning of

Article 1(2) of Regulation (EU) 2017/352; and

(b) warships, naval auxiliaries or other ships owned or

operated by a State and used, for the time being, only on a

government non-commercial service

Provided that such excepted ships still have the general

obligation not to cause pollution and to protect the marine

environment; and therefore they shall always deliver their waste in a

separated manner and use the appropriate port reception facilities in

place, and pay the applicable expenses for such use. These ships shall

be subject to any necessary inspections and action in terms of law by

the Authority.

(3) In order to avoid undue delay to ships, the Authority may

exclude the anchorage areas falling under the jurisdiction of a port

from the application of regulations 7, 8 and 9.

(4) These regulations shall apply without prejudice to any

regulations issued under the Environment Protection Act, in particular

the Waste Regulations.

EXEMPTION CERTIFICATE PURSUANT TO ARTICLE 9 IN

RELATION TO THE REQUIREMENTS UNDER ARTICLE 6,

ARTICLE 7(1) AND ARTICLE 8 OF DIRECTIVE (EU) 2019/883,

AS TRANSPOSED BY THE PORT RECEPTION FACILITIES

FOR THE DELIVERY OF WASTE FROM SHIPS

REGULATIONS S.L. 499.30), AT THE PORT[S] OF [INSERT

PORT] IN [INSERT MEMBER STATE] *

(as referred to in regulation 10)

Name of ship [insert name of ship]

Distinctive number or letters [insert IMO number]

Flag State [insert name of the Flag State]

is in scheduled traffic with frequent and regular port calls at the

following port(s) located in [insert name of the Member State]

according to a schedule or predetermined route

[]

and calls at these ports at least once a fortnight

[]

and has made an arrangement to ensure the payment of the fees

and the delivery of waste to the port or a third party at the port of

[]

and is thus exempted, in accordance with [insert relevant

provision in national legislation of the country], [from the

requirements on

[]

mandatory delivery waste from ships,

[]

the advance waste notification, and

[]

the payment of the mandatory fee, at the following port(s):]

* Delete if not appropriate.

This certificate is valid until [insert date], unless the grounds for

issuing the certificate are changed before that date.

Place and date

Name Title

€2.43

(1) The port or terminal operator shall ensure that

adequate authorised port reception facilities be available to meet the

needs of ships normally using the port or terminal in question without

causing undue delay to ships.

(2)

In sub-regulation (1) "adequate" means

(a) capable of receiving the types and quantities of waste

from ships normally using that port or terminal taking into

account

(i)

the operational needs of the users of the port or

terminal;

(ii)

the size and geographical location of the port or

terminal;

(iii) the types of ships calling at that port or

terminal; and

(iv) any exemptions provided for under regulation

10;

(b) ensuring that the formalities and practical

arrangements in place relating to the use of the port reception

facilities are simple and expeditious to avoid undue delay to

ships;

(c) ensuring that the fees charged for the delivery of

waste do not create a disincentive for ships to use the port

reception facilities; and

(d) capable of managing the waste from ships in an

environmentally sound manner in accordance with Directive

2008/98/EC and any other relevant Union and national waste

law

Provided that the operator of the port or terminal shall

ensure separate collection to facilitate reuse and recycling of waste

from ships calling such port or terminal as required under Union waste

law, in particular Directive 2006/66/EC, Directive 2008/98/EC and

Directive 2012/19/EU;

Provided further that in order to facilitate this process, the

operator of the port or the terminal may collect the separate waste

fractions in accordance with waste categories defined in the MARPOL

Convention, taking into account the guidelines thereof;

Provided further that the measures in this sub-paragraph

shall apply without prejudice to the more stringent requirements

imposed by Regulation (EC) No 1069/2009.

(3) A port or terminal operator may, in discharging his duties

under sub-regulation (1), join with any other person in providing the

port reception facilities, and references in these regulations to the

provision of such facilities by the port or terminal operator shall be

construed accordingly; and any such power shall also include the

power to arrange for the provision of such port reception facilities by

any other person.

(4) The port or terminal operator shall ensure that waste

delivery or reception operations are carried out with sufficient safety

measures to avert risks to persons and to the environment at the

respective port or terminal. Appropriate inspections to ensure

compliance shall be carried out by the Authority and the competent

national authorities responsible for occupational health and safety and

the environment respectively.

(5) The Authority shall investigate all reported cases of alleged

inadequacies regarding port reception facilities that are received, and

shall use the IMO forms and procedures to notify the IMO and the

reporting Flag State of the outcome of the investigation.

(6) Any party involved in the delivery or reception of waste

from ships can claim compensation in terms of law and the applicable

legal proceedings for any damage caused by undue delay.

(1) A port or terminal operator shall prepare and keep Waste reception

updated, following ongoing consultations with all stakeholders, a and

plans.

waste reception and handling plan with respect to the provision and the

use of port reception facilities.

(2) A waste reception and handling plan prepared under this

regulation shall comply with the detailed requirements in the First

Schedule.

(3) A port or terminal operator shall ensure that the following

information from the waste reception and handling plan, dealing with

the availability of adequate port reception facilities in the respective

port or terminal and the structure of costs, is clearly communicated to

the ship operators, is made publicly available and is easily accessible,

in the English language and, if deemed appropriate, also in the Maltese

language

(a) the location of the port reception facilities applicable

to each berth, and where relevant, their opening hours;

(b) a list of waste from ships normally managed by such

port or terminal;

(c) the list of contact points, of the port reception facility

operators and of the services provided;

(d) a description of the procedures for the delivery of the

waste; and

(e) a description of the cost recovery system, including

waste management schemes and funds as advised by the

Authority from to time, where applicable.

All the information referred to in this sub-regulation shall be

made available electronically and kept up-to-date by the port or

terminal operator; and shall be communicated from time to time to the

Authority. The Authority shall keep this information up-to-date in

SafeSeaNet.

(4) Where required for reasons of efficiency and following

approval by the Authority, the waste reception and handling plans may

be developed jointly by two or more neighbouring port or terminal

operators in the same geographical area, with the appropriate

involvement of each port or terminal operator concerned, provided that

the need for and availability of port reception facilities are specified

for each port or terminal.

(5) Subject to sub-regulation (7), a port or terminal operator

shall submit his updated waste reception and handling plan to the

Authority for approval in accordance with sub-regulation (1) within

six months from the coming into force of these regulations.

(6) A port operator for a new port, or a terminal operator for a

new terminal, shall submit a waste reception and handling plan to the

Authority for approval in accordance with sub-regulation (1), within

three months from the first day of operation of the port or terminal.

(7) A port or terminal operator shall submit subsequent waste

reception and handling plans to the Authority for approval in

accordance with sub-regulation (1)

(a) within nine months of any significant change to the

operation of the port or terminal since the most recent waste

reception and handling plan was approved by the Authority

pursuant to sub-regulation (10) or prepared by him pursuant to

sub-regulation (8); or

(b) not later than five years after the most recent plan was

approved by the Authority pursuant to sub-regulation (9) or

prepared by him pursuant to sub-regulation (8), whichever is the

sooner

Provided that where during the previous five-year period

no significant changes have taken place, the reapproval by the

Authority may consist of a validation of the existing plan.

(8) If the Authority is satisfied that a person who is required to

prepare a waste reception and handling plan is not taking any steps

necessary in connection with the preparation of this plan, the Authority

may, in consultation with the competent authority nominated by the

Minister responsible for the environment under the Environment

Protection Act, prepare such a plan.

(9) The Authority may, in consultation with the competent

authority nominated by the Minister responsible for the environment

under the Environment Protection Act, either approve the reception Cap. 549.

and handling management plan or request modifications thereto and a

modified plan to be submitted within a date as directed by the

Authority.

(10) A waste reception and handling plan that has been

approved by the Authority pursuant to sub-regulation (9) or prepared

by the Authority pursuant to sub-regulation (8) shall be implemented

by the port or the terminal operator for the port or terminal to which

the plan relates.

(11) The Authority shall monitor the implementation of the

waste reception and handling plan; and may direct a port or terminal

operator to take such steps as are required and specified for the

purpose of ensuring the correct implementation of the waste reception

and handling plan.

(12) The Authority may exempt the operators of small non-

commercial ports, or terminals within such ports, characterised by rare

or low traffic from recreational craft only, from the requirements of the

previous sub-regulations

(a) if their port reception facilities are integrated in the

waste handling system managed by or on behalf of the relevant

port or terminal or the Authority; and

(b) the information regarding the waste management

system in place is made available to the users of such ports and

terminals.

The Authority shall notify the name and location of such ports or

terminals electronically in SafeSeaNet.

(1) The Master, operator or agent of a ship falling within

the scope of the Vessel Traffic Monitoring and Reporting

Requirements Regulations, bound for a port or terminal, shall

complete truthfully and accurately in full the advance waste

notification form in the Second Schedule and notify that information to

the Authority

(a) at least 24 hours prior to arrival, if the port of call is

known; or

(b) as soon as the port of call is known, if this

information is available less than 24 hours prior to arrival; or

(c) at the latest upon departure from the previous port, if

the duration of the voyage is less than 24 hours.

(2) It shall be the duty of the Master, operator or the agent of a

ship to communicate also such information to the port or terminal

operator at which the ship will be calling and to request for the

authorised port reception facility.

(3) The information referred to in sub-regulation (1) shall be

made available upon request to the Authority; and shall be available on

board, preferably in electronic form, at least until the next port of call.

(4) The advance waste notification and reporting formality

obligation required in accordance with the provisions of these

regulations shall be reported electronically in SafeSeaNet; and shall be

subject to the provisions of the Vessel Traffic Monitoring and

Reporting Requirements Regulations.

(5) The Authority shall ensure that the information that is

notified and reported in terms of this regulation is examined and

shared with the relevant enforcement authorities without delay.

(1) The Master of a ship calling at a port or terminal

shall, before leaving the port or terminal, deliver all waste to an

authorised port reception facility in accordance with the relevant

discharge norms laid down in the MARPOL Convention.

(2) Upon delivery, the operator of the authorised port reception

facility or of the port or terminal where the waste was delivered shall

complete truthfully and accurately in full the waste delivery receipt

form set out in the Third Schedule and shall issue and provide, without

undue delay, such waste delivery receipt to the Master of the ship

Provided that, the obligation to issue a waste delivery

receipt shall not apply in small ports or terminals with unmanned

facilities or are remotely located, subject that the Authority has

notified the name and location of such ports and terminals

electronically SafeSeaNet.

(3) The Master, operator or agent of a ship falling within the

scope of the Vessel Traffic Monitoring and Reporting Requirements S.L. 499.34.

Regulations shall, before departure or as soon as the waste delivery

receipt has been received, electronically report the information

contained therein in SafeSeaNet; and in accordance with the

provisions of the Vessel Traffic Monitoring and Reporting

Requirements Regulations.

(4) The information from the waste delivery receipt shall be

made available upon request to the Authority; and shall be available on

board for at least two years, where relevant together with the Oil

Record Book, Cargo Record Book, Garbage Record Book or the

Garbage Management Plan.

(5) Notwithstanding sub-regulation (1), a ship may proceed to

the next port of call without delivering the waste, if

(a) the information provided in accordance with the

Second and Third Schedules shows that there is sufficient

dedicated storage capacity for all waste that has been

accumulated thereon and which will be accumulated thereon

during the intended voyage of the ship until the next port of call;

(b) the information available on board a ship falling

outside the scope of the Vessel Traffic Monitoring and Reporting

Requirements Regulations shows that there is sufficient S.L. 499.34.

dedicated storage capacity for all waste that has been

accumulated thereon and which will be accumulated thereon

during the intended voyage of the ship until the next port of call;

or

(c) the ship only calls at an anchorage area for less than

24 hours or under adverse weather conditions, unless such

anchorage area has been excluded in accordance with the

provisions of regulation 4(3).

The requirements of this sub-regulation shall apply without

prejudice to more stringent requirements for ships adopted in

accordance with international law.

(6) The Authority shall request the Master, operator or agent of

the ship to deliver, before departure from the port or terminal, its waste

if

(a) it cannot be established, based on the information,

including information electronically available in SafeSeaNet or

in GISIS, that adequate port reception facilities are available at

the next port of call; or

(b)

the next port of call is unknown.

(1) The Authority shall ensure that the costs of operating

port reception facilities for the treatment and reception of waste from

ships, other than cargo residues

(a)

are covered from the collection of a fee from ships;

and

(b)

provide no incentive for ships to discharge their waste

at sea.

(2) All ships calling at a port or terminal, including those that

have not delivered waste before leaving the port or terminal, shall, in

order to contribute significantly to the costs referred to in sub-

regulation (1), irrespective of the actual use of the facilities, be liable

to pay an indirect fee.

(3) The fees established and published in terms of this

regulation

(a)

may be differentiated on the following basis

(i)

the category, type and size of the ship;

(ii) the provision of certain services to ships outside

normal operating hours in the port or terminal; or

(iii) the hazardous nature of the waste; and

(b)

shall be reduced on the following basis

(i)

the type of trade the ship is engaged in, in

particular when a ship is engaged in short sea shipping

trade; and, or

(iii) the ship’s design, equipment and operation

demonstrate that the ship produces reduced quantities of

waste and manages its waste in a sustainable and

environmentally sound manner.

(4) The Authority, operator of a port or terminal, and operator

of an authorised port reception facility shall publish and keep updated

the amount of the fees and the basis on which they have been

calculated; and shall ensure that such are publicly available and easily

accessible to the users of such port or terminal, in the English language

and, if deemed appropriate, also in the Maltese language. Such fees

and calculations must also be included in the waste reception and

handling plan.

(5) The fees payable to the Authority and, or to the operators of

the ports or terminals and, or to the operators of authorised port

reception facilities under this regulation shall be as established, from

time to time.

(1) The Authority may exempt a ship calling a port or Exemptions.

terminal from the obligations stipulated in regulations 7, 8 and 9 where

there is sufficient evidence that

(a) the ship is engaged in scheduled traffic with frequent

and regular port calls;

(b) there is an arrangement to ensure the delivery of the

waste and payment of the fees in a port along the ship’s route

which

(i) is evidenced by a signed contract with a port or

waste contractor and by waste delivery receipts;

(ii)

has been notified to all ports on the ship’s route;

and

(iii) has been accepted by the port where delivery

and payment take place, which can be a Union port or

another port in which, as established on the basis of the

information reported electronically SafeSeaNet and in

GISIS, adequate port reception facilities are available; and

(c) the exemption does not pose a negative impact on

maritime safety, health, shipboard living or working conditions,

or on the marine environment.

(2) If an exemption is granted, the Authority shall issue an

exemption certificate, based on the format set out in the Fourth

Schedule, confirming that the ship meets the necessary conditions and

requirements for the application of the exemption and stating the

duration of such exemption. The Authority shall report the information

from an exemption certificate electronically in SafeSeaNet.

(3) Notwithstanding the exemption granted, a ship shall not be

allowed to proceed to the next port of call if there is insufficient

dedicated storage capacity for all waste that has been accumulated and

that which will be accumulated during the intended voyage of the ship

until the next port of call.

(1) All ships shall be subject to the inspection regime

established by the Authority and to an inspection by an appropriate

inspector in terms of such regime, including random ones, in order to

verify that they comply with the provisions of these regulations

Provided that, ships falling outside the scope of the Vessel

Traffic Monitoring and Reporting Requirements Regulations shall still

be subject to the inspection regime to ensure, as far as practicable,

compliance with the provisions of these regulations.

(2) Where the Authority becomes aware or has clear evidence

that the Master, the operator or the agent of a ship has not complied

with the provisions of regulation 7 or 8, or considers that there are

clear grounds for believing that the declaration made and the

information given for the purposes of the Second Schedule and, or the

Third Schedule do not correspond substantially with the state of the

ship, it may request an inspection of the ship by an appropriate

inspector.

(3) The inspections carried out shall also ensure effective

monitoring and enforcement of the arrangements for the delivery and

payment in place for the exempted ships calling ports or terminals.

(4) The Authority may detain a ship in port if it did not deliver

its waste in accordance with these regulations and until such a date to

ensure compliance with the provisions of these regulations.

(5) Where there is clear evidence that a ship has proceeded to

sea without having complied with regulation 8, the Authority shall, if

the next port of call of the ship is known, inform the competent

authority of the State in which the port is situated about the ship and

with the evidence that has been collected.

(6) Where the Authority has been informed by the competent

authority of another State of a ship in respect of which there is clear

evidence of the type mentioned in sub-regulation (2), the Authority

may request an inspection of the ship by an appropriate inspector at the

earliest opportunity.

(7) If the Authority is not satisfied with the results of an

inspection carried out in terms of these regulations, it shall, without

prejudice to the application of penalties or any other legal or

enforcement action in terms of law, direct a ship to deliver its waste to

an authorised port reception facility and shall detain the ship until the

delivery of waste operations are ready.

(8) The Authority shall ensure that the information related to

the inspections carried out in terms of the provisions of these

regulations, including information regarding non-compliance and

prohibition of departure orders issued, is inputted without delay in the

Commission inspection database as soon as

(a)

the inspection report has been completed;

(b)

the order of prohibition of departure has been lifted;

or

(c)

an exemption has been granted.

(9) The Authority shall not, in the exercise of its power under

this regulation, detain or delay the ship without any reason.

(1) The operator of an authorised port reception facility Training of

and of a port and terminal shall ensure that all his personnel receive the personnel.

necessary training to acquire knowledge which is essential for their

work on dealing with waste, with specific attention to health and safety

aspects pertaining to dealing with hazardous materials, and that

training requirements are regularly updated to meet the challenges of

technological innovation.

(2) Without prejudice to the generality of the foregoing, this

obligation shall be subject to the applicable legislation in force dealing

with occupational health and safety and protection of the environment,

and to any directives by the responsible national competent authorities.

(1) The Authority shall appoint any person to examine, Inspections and

investigate or inspect a port or terminal, or an authorised port reception investigations.

facility or any relevant document. A person appointed by the Authority

to carry out such functions shall have the power to

(a) board freely, and without previous notice, a ship at

any place and at any time of day or night;

(b) enter into freely, and without previous notice, any

port or terminal operator’s premises or building at any place and

at any time of day or night;

(c) request the assistance of a member of the Police force

in the execution of his duties;

(d) question any person connected with the execution of

these regulations; and

(e) inspect any document the keeping of which is

prescribed by these regulations.

(2) Whoever shall hinder or obstruct a person appointed by the

Authority from allowing him to carry out his duties under these

regulations or refuses to comply with the directions which he may be

given by such person, shall be guilty of an offence.

The Authority may issue directives to port or terminal

operators and Masters, operators and agents of ships in respect of the

removal of waste from ships or a port or a terminal for the purpose of

avoiding inconvenience, accidents or pollution to the marine

environment.

The liability and responsibility for the observance of these

regulations shall rest solely with the port or terminal operator,

authorised port reception facility, authorised undertaking and the

Master, operator and agent of a ship. The Authority shall not be held

liable for any consequences arising from any acts or omissions in

respect of any of the requirements of these regulations.

(1) Any person shall provide the Authority, when

requested to do so and without delay, all data, statistics and other

information, pursuant to the provisions of these regulations, requested

by the Authority from time to time, in such format as the Authority

may prescribe.

(2) The operator of an authorised port reception facility or a

port or terminal shall monitor and collect data on the volume and

quantity of passively fished waste is collected; and shall submit such

information to the Authority, as directed by the Authority from time to

time, to be reported to the Commission.

(1) Any operator of a port or terminal, or a Master or

operator or agent of a ship, who breaches or fails to comply with the

provisions of these regulations commits an offence and is liable, upon

conviction

(a) where the person is an operator of a port or terminal, or

a Master or operator or agent of a ship falling within the scope of

the Vessel Traffic Monitoring and Reporting Requirements S.L. 499.34.

Regulations or a ship which operates commercially within Maltese

internal and territorial waters, to a fine (multa) not less than two

thousand and five hundred euro (€2,500) and not exceeding one

hundred thousand euro (€100,000) for each offence; and in the

case of a continuing offence, to a further fine (multa) not less

than five hundred euro (€500) and not exceeding one thousand

and five hundred euro (€1,500) for each offence for every day or

part thereof during which the offence persists; and

(b) where the person is an operator or a Master or agent

of any other ship, including recreational craft and fishing vessels,

which do not fall within the scope of the Vessel Traffic

Monitoring and Reporting Requirements Regulations, to a fine S.L. 499.34.

(multa) not less than five hundred euro (€500) and not exceeding

five thousand euro (€5,000) for each offence; and in the case of a

continuing offence, to a further fine (multa) not less than one

hundred euro (€100) and not exceeding five hundred euro (€500)

for each offence for every day or part thereof during which the

offence persists.

(2) Where any offence against the provisions of these

regulations is committed by a body of persons or body corporate,

every person who, at the time of the commission of the offence was a

director, manager or other similar officer of such body of persons or

body corporate, or was purporting to act in any such capacity, shall be

guilty of that offence unless he proves that the offence was committed

without his knowledge and that he exercised all due diligence to

prevent the commission of the offence.

(3) Proceedings for an offence against these regulations shall Cap. 9.

be instituted before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts as courts of criminal judicature.

(1) If an operator of a port or terminal, or a Master or Administrative

operator or agent of a ship, breaches or fails to comply with any of the fines.

requirements of these regulations or directives given by the Authority

or the provisions of the waste reception and handling plan, the

Authority shall handover to such person a notice containing a general

description of the breach or non-compliance and may

(a) require the Master or operator or agent of a ship to

remove the waste within such a time and deliver it to such a

place as the Authority may require; and if he fails to comply, the

Authority may cause the removal of such waste at the risk and

expense of the Master, operator and agent of the ship;

(b) in terms of the provisions of the Act, impose an

administrative fine of not less than two hundred and fifty euro

(€250) in respect of each breach or non-compliance; or not less

than one hundred euro (€100) for every day or part thereof

during which the breach or non-compliance subsists, from the

date of the final decision of the Authority

Provided that the administrative fine shall be paid to the

Authority within such time indicated in the notice, which in no case

shall be less than seven days, provided that where any administrative

fine imposed under this regulation is not paid within the

aforementioned period, proceedings in respect of the breach or non-

compliance may be taken in accordance with the provisions of these

regulations;

(c) notwithstanding paragraphs (a) and (b), the Authority

may also order the detention of the ship until such time as the

breach or non-compliance is rectified.

(2) The compliance of the operator of a port or terminal, or a

Master or operator or agent of a ship, with the provisions of sub-

regulation (1) shall for all intents and purposes of law, be deemed to be

an admission of the breach or non-compliance, and no further action

shall be taken in respect of such breach or non-compliance.

(1) The provisions of these regulations establishing

offences and punishments in respect thereof shall be without prejudice

to any liability arising from any other law or regulations; and shall not

bar the infliction of further punishments contemplated by such other

law or regulations.

(2) In particular, the provisions referred to in sub-regulation (1)

shall not affect the application of any higher punishment under any

other law or regulations.

Without prejudice to the provisions of regulation 9, all

other fees payable to the Authority in terms of these regulations shall

be as established, from time to time, by the Authority.

(1) The notification, reporting and exchange of data and

information in terms of these regulations shall be based on

SafeSeaNet.

(2) The Authority shall ensure that the following data and

information is reported electronically and within reasonable time

through SafeSeaNet in terms of the provisions of the Vessel Traffic S.L. 499.34.

Monitoring and Reporting Requirements Regulations

(a) the information on the actual time of arrival and time

of departure of every ship falling within the scope of the Vessel

Traffic Monitoring and Reporting Requirements Regulations S.L. 499.34.

calling at a port or terminal, together with an identifier of the

port or terminal concerned; and

(b) all the data and information laid down in the

provisions of these regulations.

The Port Reception Facilities for Ship-generated Wastes Revokes S.L.

499.30.

and Cargo Residues Regulations, 2004 are hereby being revoked.

Unless provided otherwise by these regulations, any Transitional

authorisation, approval or exemption given by the Authority in terms provision.

of the Port Reception Facilities for Ship-generated Wastes and Cargo

Residues Regulations, 2004 shall remain into force and valid until

their term of validity expires.

Any obligation, liability, penalty or punishment incurred Saving.

under the Port Reception Facilities for Ship-generated Wastes and

Cargo Residues Regulations, 2004 or in connection with any breach of

the provisions of those regulations, or any proceedings or remedy

relating to any such obligation, liability, penalty or punishment, shall

not be affected by such revocation.